in the united states district court for the - Hoosier Racing Tire

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Case 2:07-cv-01294-TFM Document 263 Filed 09/15/2009 Page 30 of 34 Colorado, 479 U.S. 104, 116 (1986) (“The kind of competition that [plaintiff] alleges here, competition for increased market share, is not activity forbidden by the antitrust laws.”). Here, STA’s antitrust claims are built on allegations that the Hoosier exclusive tire contracts restrain trade. STA, however, has not demonstrated that Hoosier has imposed any restraints on trade. Further, STA has not demonstrated that Hoosier engaged in coercive measures which resulted in either STA being excluded from bidding on contracts with the sanctioning bodies or that DMS was coerced into entering the Hoosier exclusionary contracts. The summary judgment record also contains no indication that the sanctioning bodies, including DMS, felt any economic coercion to enter into exclusive contracts with Hoosier. Rather, the evidence reflects that the Hoosier contracts are willingly entered into by two sophisticated parties. The Court finds and rules that Plaintiffs have failed to demonstrate that Hoosier’s conduct has resulted in the presence of unlawful substantial barriers which have foreclosed Plaintiffs from bidding and winning the highly sought-after exclusive tire contracts. The evidence from all of the sanctioning bodies that have given deposition testimony in this case reflects that for many years sanctioning bodies have adopted single tire rules. The sanctioning bodies that utilize single tire rules believe that they enhance the races by creating more exciting races. The sanctioning bodies also believe that the single tire rules ensure equal access to a uniform product, lead to increased safety, and lower the costs of tires to the racers by eliminating the “tire wars.” 7 7 While Plaintiffs disagree that the single tire rules ensure equal access to a uniform product, lead to increased safety and lower the costs of tires, Plaintiffs cannot deny that various representatives of the sanctioning bodies testified that single tire rules resulted in these results. The Court finds that there is not sufficient disagreement to (continued...) 30
Case 2:07-cv-01294-TFM Document 263 Filed 09/15/2009 Page 31 of 34 The Court finds and rules that, based on the summary judgment record evidence, no reasonable factfinder could conclude that Defendant Hoosier has engaged in coercive behavior in violation of the antitrust laws. Further, the Court finds and rules that, based on the summary judgment record evidence, no reasonable factfinder could conclude that Hoosier and DMS have entered into any conspiracy to restrain trade in violation of the antitrust laws. Conclusion As discussed at length supra, the Court finds and rules that Plaintiffs have not demonstrated that they have sustained an antitrust injury because the summary judgment record is devoid of any evidence which demonstrates that Plaintiffs losses were “of the type the antitrust laws were intended to prevent” and that any injury to Plaintiffs “flows from that which makes Defendants’ acts unlawful.” Gulfstream III, 995 F.2d at 429. Accordingly, the motions for summary judgment filed by Defendants Hoosier Racing Tire Corp. and Dirt Motor Sports, Inc. d/b/a/ World Racing Group will be granted. Plaintiffs’ Motion for Partial Summary Judgment will be denied as moot. An appropriate Order follows. McVerry, J. 7 (...continued) require submission of the evidence to a jury. See Liberty Lobby, 477 U.S. at 251- 52. 31
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in the united states district court for the - Hoosier Racing Tire

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